Right of Life & Liberty under Article 21 includes :
(i) Speedy Trial
(ii) Timely completion of the investigation
(iii) Fair trial
(iv) Fair Procedure etc.
The rights enshrined under Article 21 and their application to the undertrial has often been the subject of the consideration before the Court as it includes the right of fairness, dignity and liberty as it apply to each and every prisoner, irrespective of the nature of the offence they stand charged for. It applies not to the undertrial only, it applies even to those who have been convicted under the law.
Long incarceration, especially as an undertrial when the crucial aspect of the guilt is yet to be decided, is particularly offensive to the right of life and liberty as it is sacrosanct right. It specifies the outer limit within which trial should be concluded, failing which the accused ought not to be detained further. However, the Court considers this on a case to case basis. Liberty of an individual should not ordinarily be interfered with, unless there exist cogent grounds.
There are some exceptions which are of paramount importance while considering individual liberty under Article 21 as it is not absolute right.
Exceptions are (i) Consideration of public interest (ii) Sovereignty (iii) integrity or security of the nation.
Wherever, these exceptions will come into question, article 21 rights cannot be the sole ground for consideration for the bail. The act of the accused must looked at, on the whole, and all the relevant factors must be given due considerations while granting or denying bail.